| With the development of economy, people demand more and more widely, briberycrime means and forms are full of tricks. Like money, property has gradually can notmeet the bribe the person appetite, non-material interests more and more the favour ofbribery, and bribery has become one of the most representative and harmful behavior.The sexual bribery and bribery are the same as the property violated the country staffduty honest and can’t buy, but because the concealment and persistent sexual briberyof national staff, the corrosion is far greater than the property and bribery. Facing theserious acts against this, of course, should have clear legislation to crack down.The sexual bribery according to the briber whether personally for national staff toprovide services for the standard is divided into the right color transactional sexbribery and money of bribery. Provisions of China’s mainland’s legislation on sexualbribery is fuzzy. Better2008issued judicial interpretation of property benefits will"property" explanation for everything can be measured in terms of money, the judicialinterpretation only solve part of the sexual bribery regulation problem, is also able tocrack down on sexual bribery behavior on the part of the sexual bribery can bemeasured in terms of money is money type, but bribery for the part cannot bemeasured in terms of money that is the right color type nature bribe but has nolegislation to regulate it, which resulted in the legal angle. The crime problems so thispaper mainly studies the right color type nature bribe. The author first introduces theconcept of corruption, analyzes two types of bribery, the difference between the twotypes of the features of our concept of the right color, transactional sex bribery tograsp the more accurate. In the face of the right color type nature bribe, some scholarsbelieve that the spirit of modesty of crime violates the criminal law, and investigationand punishment difficult also makes the right color type nature bribe crime is notfeasible. But for a "positive" scholars think, sexual bribery has caused serious harm tothe society, comply with the elements of crime, so it should be the right color typenature bribe crime. Based on the identity of "positive", also listed in China’s HongKong and Taiwan and Western countries about the sexual bribery legislation status,most of which are the bribery scope expanded to include not only the interest ofproperty and non-property interests, so will the right color transaction type naturebribe crime is in line with the trend of international legislation, but also to specificlegislation, we also can draw lessons from the advanced experience of Taiwan andWestern countries. Finally, this paper put forward some legislative suggestions on thecrime of the right color type nature bribe, hoping to perfection on the crime of briberyin criminal law of our country to contribute. |
